Restraining Orders

In many states, a person who files for a protection order has the option of requesting a temporary or emergency order. Generally, these orders last for a short period of time and do not require the respondent (the person who the order was filed against) to be present at the hearing or notified of the hearing for the judge to issue the order. However, in many states, a respondent may not be held responsible for violating this type of order until s/he has notice of the order. I am not sure what the law in STATE says about this. We have some information on our website about the different types of protection orders in STATE here: LINK

Generally, when a person files for a final protection order, that person is responsible for making sure that the respondent is served with notice of the court hearing. Each state has different rules about how the respondent must be served, but often the respondent can be served by the police or by a third party not involved in the case. In general, the respondent must be served with notice so that s/he may have the opportunity to contest (fight) the order and present his/her evidence to the judge. INCLUDE IF WE HAVE THIS IN THE STEPS FOR GETTING AN RO SECTION – We have information on service for final protection orders on our website: LINK Often, if the respondent is properly served with notice of the court date and does not appear in court, the person who requested the order may be able to get an order by default, meaning that the order could be issued in the respondent’s absence. I am not sure if that would happen in STATE, but an attorney familiar with the laws in STATE may be able to tell you. We have listings for legal resources in STATE here: LINK Additionally, we have more information on protection orders in STATE here: LINK